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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RADHAKISHAN AGRAWAL
Sukhpreet Singh, S/o. Guljar Singh Dhillan – Appellant
Versus
State of Chhattisgarh, Through The Station House Officer – Respondent
| Table of Content |
|---|
| 1. scenario of illegal liquor possession leading to conviction. (Para 3 , 4 , 5) |
| 2. defense argues failure of prosecution to meet standards. (Para 6 , 7) |
| 3. assessment of evidence and procedural lapses. (Para 8 , 9 , 10 , 11 , 12 , 14 , 15) |
| 4. court references precedent to discuss compliance. (Para 16) |
| 5. final outcome set aside convictions based on doubt. (Para 17 , 18) |
JUDGMENT :
RADHAKISHAN AGRAWAL, J.
1. Since, both the above captioned revisions arise out of same impugned order dated 27.08.2016, they are being heard together and disposed of by this common judgment.
2. The present revisions filed under Section 397/401 Cr.P.C. is directed against the judgment of conviction and order of sentence dated 27.08.2016 passed in Criminal Appeal No.34/2015 (applicant Sukhpreet Singh in CRR No.830/2016) and 39/2016 (applicant Nageshwar Lodhi in CRR No.986/2016) by the Additional Sessions Judge, Khairagarh, District – Rajnandgaon, Chhattisgarh, whereby judgment dated 26.09.2015 and 20.07.2016 passed by the Additional Chief Judicial Magistrate, Khairagarh, District – Rajnandgaon, Chhattisgarh in Criminal Case No.518/2014, convicting the applicants under Section 34(2) of the Chhattisg
The conviction under the Chhattisgarh Excise Act was set aside due to prosecution's failure to prove its case beyond reasonable doubt based on procedural violations.
The prosecution must establish its case beyond reasonable doubt, adhering to statutory requirements; failure to do so results in acquittal.
The prosecution must establish guilt beyond reasonable doubt, and inconsistent witness testimony undermines the credibility of charges under the Bihar Excise Act.
Revisional jurisdiction limited to correcting patent errors or perversity, not reappreciating evidence; conviction for unlicensed liquor transport upheld on reliable police testimonies, intact sample....
The court ruled that the prosecution failed to prove the case beyond a reasonable doubt due to procedural irregularities and witness credibility issues.
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